C-24.2, r. 9 - Regulation respecting the conditions and procedures for the use of photo radar devices and red light camera systems

Updated to 13 August 2015

This document has official status.

chapter C-24.2, r. 9

Regulation respecting the conditions and procedures for the use of photo radar devices and red light camera systems

Highway Safety Code

(chapter C-24.2, ss. 332, 359.3 and 634.3).

1. A photo radar device or a red light camera system approved by the Minister of Transport and the Minister of Public Security pursuant to sections 332, 359.3 and 634.3 of the Highway Safety Code (chapter C-24.2) may only be used if it has been the subject of

(1)  a validation

(a)  within the time provided for by its manufacturer or during the year preceding the date of use, whichever occurs first;

(b)  by a peace officer who has received appropriate training;

(c)  allowing to ensure

i.  using an external device or system, that the accuracy of the speed it records complies with the manufacturer’s specifications for the device or system;

ii.  that the information referred to in the second paragraph of section 332 or the second paragraph of section 359.3 of the Highway Safety Code, as the case may be, other than speed, and that appears on the images obtained by the device or system is accurate;

(2)  an inspection, in the 75 days preceding the date of use, by the supplier, the manufacturer or any other person authorized by the manufacturer to maintain the device or system;

(3)  testing by a peace officer who has received appropriate training

(a)  before and after each operation in the case of a mobile photo radar device; or

(b)  in the 7 days preceding the date of use in the other cases;

(4)  (paragraph revoked).

M.O. 2009-06, s. 1; M.O. 2015-09, s. 1.

2. Each approved photo radar device or red light camera system used in accordance with section 1 must be registered in a register kept by the Sûreté du Québec, which must contain the following information in respect of each device or system:

(1)  the make, the manufacturer’s name, as well as the model, where applicable;

(2)  the identification number;

(3)  the date of each validation referred to in paragraph 1 of section 1, the result obtained and the name of the peace officer who carried out the validation;

(4)  the date of each inspection referred to in paragraph 2 of section 1, the result obtained and the name of the person who carried out the inspection and the person’s capacity;

(5)  the date and time of each test referred to in paragraph 3 of section 1, the result obtained and the name of the peace officer who performed the test;

(6)  the date and a description of any repairs made to the device or system; and

(7)  the identity of the author of each entry in the register.

The documents related to the validation, inspection, testing and repair of the device or system are entered in a register kept by the Sûreté du Québec.

Only peace officers may make entries in a register that must be kept under this section.

M.O. 2009-06, s. 2; M.O. 2015-09, s. 2.

3. (Revoked).

M.O. 2009-06, s. 3; M.O. 2015-09, s. 3.

4. (Omitted).

M.O. 2009-06, s. 4.

TRANSITIONAL

2015

(M.O. 2015-09) ARTICLE 4. Despite paragraph 1 of section 1 of the Regulation as amended by paragraph 1 of section 1 of this Regulation, a photo radar device or a red light camera system for which a compliance report has been issued or renewed by the Institut national d’optique or the Centre de recherche industrielle du Québec before 13 August 2015 may be used if the compliance report has been issued or renewed during the year that precedes the use of the device or system.

REFERENCES

M.O. 2009-06, 2009 G.O. 2, 1557

M.O. 2015-09, 2015 G.O. 2, 1575